- And the feathers it’s bound to ruffle
The verdict on Faizabad sit-in brings a breath of fresh air. It reiterates the general principles that the state, government , various agencies and institutions must follow. To start with, the verdict requires the state to be impartial and fair.
It recognises the right of peaceful assembly and protest. However “protesters who obstruct people’s right to use roads and damage or destroy property must be proceeded against in accordance with the law.”
Any person who issues an edict or “fatwa” that harms another, or puts another in harm’s way, must be criminally prosecuted under the various laws of the country.
A section of the judgment deals with media freedom and the illegal practices employed to curb it.
The cable operators who had stopped or interrupted the broadcasts of licensed broadcasters “must be proceeded against by Pemra in accordance with the Pemra Ordinance. However if this was done on the behest of others, Pemra should report those issuing the directives to the concerned authorities. The intelligence agencies and ISPR cannot curtail freedom of speech and expression and do not have the authority to interfere with broadcasts and publications, in the management of broadcasters/publishers and in the distribution of newspapers.”
The ECP must proceed against a political party if it does not comply with the laws governing parties.
The verdict prohibits security agencies from exceeding their respective mandates. As the mandate of the ISI is not clearly spelled out and made public, the apex court underlines the harm. “The perception that ISI may be involved in or interferes with matters with which an intelligence agency should not be concerned with, including politics, therefore was not put to rest”.
The original mandate of the ISPR did not include either politics or the media. When institutions stay within their designated constitutional boundaries and there is an effective system of check and balance, citizens stay safe and the State prospers”.
Underlining that the Constitution emphatically prohibits members of armed forces from engaging in any kind of political activity, the verdict directs the government through the ministry of defence and the three services chiefs “to initiate action against the personnel under their command who are found to have violated their oath”.
